Shah had during the just concluded monsoon session of Parliament introduced the bill which states that the Prime Minister, Chief Ministers and Ministers, if jailed for more than 30 days for offences that attract a jail term of over five years, can be removed from office. Parliament witnessed protests with Opposition terming the legislation as “unconstitutional” alleging that it was a way for the ruling BJP to misuse central agencies, frame non-BJP Chief Ministers, put them in jail and destabilise State governments.
In an interview with ANI, Amit Shah said, “I want to ask the entire nation and the Opposition… Can a Chief Minister, Prime Minister, or any leader run the country from jail? Does that suit the dignity of our democracy?”
“Even today, they are trying that if they ever have to go to jail, they will easily form the government from jail. The jail will be made CM House, PM House and the DGP, Chief Secretary, Cabinet Secretary or Home Secretary will take orders from the jail. My party and I completely reject the idea that this country cannot be governed without the person who is sitting there. This will not affect anyone’s majority in the Parliament or the Assembly. One member will go, other members of the party will run the government, and when they get bail, they can come and take the oath again. What is the objection in this?” he said.
He further explained, “I want to tell the entire country about the 130th Amendment. In this amendment, we have made a provision that if the Prime Minister, Chief Minister, or any leader from the central or state government faces serious allegations and gets arrested, and if they do not get bail within 30 days, then they must leave their position. If they don’t resign, they will be removed from their post by law. This is what we have included in the 130th Amendment.”
The Home Minister highlighted that it was the Prime Minister himself who had inisisted on bringing the office of the PM under the aegis of this bill. “The Prime Minister himself has included the post of PM in this… Earlier, Indira Gandhi had brought 39th amendment (of protecting the President, VP, PM, and Speaker from judicial review by Indian courts) … Narendra Modi ji has brought a constitutional amendment against himself that if the Prime Minister goes to jail, he will have to resign… said Amit Shah.The Union Minister said that protests and sloganeering by the Opposition in Parliament while he was tabling the bill was not right and that the Opposition must answer to the people.”Let me make it clear, when an elected government brings a constitutional amendment in Parliament, protest is allowed. I’ve already said that this amendment will be sent to a joint committee of both Houses. Everyone can share their opinion there, and during voting, you can express your views. Since this is a constitutional amendment, it requires a two-thirds majority. But is it appropriate in a democracy that the bill is not even allowed to be presented in Parliament? Are both Houses meant for discussion or just noise and disruption?” Shah asked.
“We have also protested on different issues, but stopping the presentation of a bill in Parliament is not democratic. The Opposition must answer to the people,” he said.
Referring to the time when the UPA government was in power at the Centre, Shah said under the Manmohan Singh government, the Congress had introduced an ordinance to protect convicted MPs, which Rahul Gandhi publicly rejected by tearing it up.
“In the Satyendra Jain (AAP leader) case, he was jailed in four cases, and in all those, the CBI filed a chargesheet. He is facing trial. You became a victim of AAP’s propaganda. Now, let me talk about Congress. They are opposing this. However, during the UPA government, when Manmohan Singh was Prime Minister and Lalu Prasad Yadav was a minister who had been convicted, they introduced an ordinance stating that even a two-year sentence would not result in the cancellation of a member’s membership until the appeal process was complete,” Shah said.
Aam Aadmi Party leader Arvind Kejriwal was arrested on corruption charges while he was Chief Minister of Delhi, and he refused to resign after being jailed.
Shah accused Congress of double standards, saying the party now supports RJD supremo Lalu Prasad Yadav in Bihar despite previously opposing similar cases. He referred to the 2013 ordinance by the Manmohan Singh-led UPA government which sought to provide relief to MPs and MLAs who had been disqualified or convicted of a crime.
“Rahul Gandhi publicly called that ordinance nonsense and even tore it up in a press conference. The decision made by their own Prime Minister was mocked, and the PM became a sorry figure in front of the world. But now, the same Rahul Gandhi, to form a government in Bihar, is hugging Lalu Yadav who has been convicted. Isn’t this double standards?” Shah said.
Meanwhile, a Joint Committee comprising members of the Lok Sabha and Rajya Sabha, cutting across party lines, to be appointed by the Lok Sabha Speaker and the Rajya Sabha chairperson, will jointly examine the Constitution (130th Amendment) Bill.
